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Friday, March 7, 1997

Municipal Caucus Meets with EPA on Stormwater Phase II Issues
On March 6, municipal and operator interests participating on the U.S. Environmental Protection Agency's (EPA) Stormwater Phase II federal advisory subcommittee met with EPA Office of Wastewater Management Director Michael Cook and the Office of General Counsel to discuss the caucus' major concerns with the agency's most recent draft of the proposed stormwater phase II rule and preamble (see Feb. 21 AMSA FaxAlert). The March 6 meeting was viewed as a success in that many of the suggested revisions were carefully considered and negotiated to compromise language agreeable to both the caucus and to EPA.

During the meeting EPA acknowledged that narrative effluent limitations in the form of best management practices (BMPs) are the most appropriate tool for satisfying the technology and water quality-based requirements of the Act. However, EPA referred to its August 1996 interim stormwater permitting approach policy in stating that it will not preclude the use of numeric effluent limitations in cases where adequate information exists. On another issue, EPA agreed to develop proposed regulatory language which would clearly state EPA's intent to allow a regulated municipality to amend its chosen mix of stormwater BMPs without being subject to anti-backsliding provisions, when such modifications are consistent with technology-based, maximum extent practicable (MEP) criteria. EPA also re-emphasized that it is not proposing specific monitoring requirements for municipalities in the rule. However, Cook did state that the rule does not preclude monitoring requirements in permits if appropriate to assess water quality problems associated with urban stormwater activities. The next meeting of EPA's stormwater phase II advisory subcommittee is scheduled for April 17-18.

Perciasepe Outlines EPA ANPRM Plans During Strategy Session
AMSA's leadership met this week in Washington, DC, for a two-day Legislative Strategy Session during which they engaged in active discussions on legislative issues with congressional and U.S. Environmental Protection Agency (EPA) staff, as well as a wide variety of Clean Water Act (CWA) stakeholders, including representatives of states, cities, industry, environmentalists, and agricultural nonpoint sources. The perspectives provided by the stakeholders gave the AMSA leadership a broader context from which to begin developing a CWA legislative strategy. Full details of the strategy session will be forwarded to the membership via the March Legislative Update.

During the meeting EPA Assistant Administrator for Water Robert Perciasepe responded to AMSA's concerns about the agency's future development of the advanced notice of proposed rulemaking (ANPRM) to revise its water quality standards regulation (see Regulatory Alert RA 97-4 and the Feb. 14 AMSA FaxAlert). Perciasepe said the agency plans to move ahead with the ANPRM, but that it "may not be as comprehensive" as originally envisioned. He further noted that all of the issues in the draft ANPRM need to be addressed over the next several years, and that EPA will proceed with "national discussion" on them, but added that some of the issues may have to be addressed through "venues" other than the ANPRM.